State v. Hawkins

Citations

• 27 Wash. 375
• 67 P. 814
• 1902 Wash. LEXIS 403

Syllabus

<p>CRIMINAL LAW-LIEUTENANT GOVERNOR AS COUNSEL FOR PROSECUTION-HARMLESS ERROR.</p> <p>The fact that the lieutenant governor assisted the prosecuting attorney in the prosecution of one accused of murder would not constitute error by reason of the possibility of the lieutenant governor succeeding to the office of governor and being called upon to exercise the power to pardon or commute the sentence of convicts, where the lieutenant governor had been associated in the prosecution of the case prior to his election to the office, and had received whatever impressions against the accused he might have while still a private individual.</p> <p>WITNESS-CROSS-EXAMINATION.</p> <p>Where a witness had testified on direct examination as to the sobriety of accused prior to the shooting, but had not been called upon to testify as to his condition after he had been put in jail, it was proper for the court to exclude cross-examination of the witness as to what condition he found the accused in jail when the witness went in after him.</p> <p>ARGUMENT OP COUNSEL-ERROR CURED BY INSTRUCTIONS.</p> <p>Improper argument of the prosecuting attorney in commenting on the fact that the defendant failed to put witnesses on the stand to prove his good character was cured by the immediate instruction of the court that the jury should not consider any remarks made by counsel reflecting upon the character of the defendant, as his character was presumed to be good.</p>